Lana Cooper-Jones v. HHS - Tdap, left shoulder pain (2017)
Case summary [AI summaries can sometimes make mistakes]
Lana Cooper-Jones filed a petition for compensation under the National Vaccine Injury Compensation Program on February 16, 2016. She alleged that she suffered left shoulder pain, identified as Shoulder Injury Related to Vaccine Administration (SIRVA), caused by the tetanus, diphtheria, acellular pertussis (Tdap) vaccine she received on October 7, 2014.
Ms. Cooper-Jones further alleged that the effects of her injury lasted for more than six months and that she had not filed a civil suit or received compensation for her injury.
The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused the petitioner's alleged SIRVA or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on December 5, 2016, agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Lana Cooper-Jones was awarded a lump sum of $50,000.00, payable by check to the petitioner, representing compensation for all items of damages available under the Vaccine Act.
The decision was issued on April 20, 2017. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.
Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Althea Davis.
Theory of causation
Petitioner Lana Cooper-Jones alleged that the Tdap vaccine administered on October 7, 2014, caused her left shoulder pain, identified as SIRVA, with effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which the Special Master adopted. Petitioner was awarded $50,000.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was handled by Chief Special Master Nora Beth Dorsey, with petitioner represented by Jeffrey S. Pop and respondent by Althea Davis. The decision date was April 20, 2017.
Source PDFs
USCOURTS-cofc-1_16-vv-00229